Member news

Julius Nkafu: OHADA has a great dispute resolution system

29 November 2018

Julius Nkafu FCIArb, an AfAA Board Member, was in Germany on the 29 November at
the great African Investment Day talking about Arbitration in French speaking
Africa – OHADA. The event, which focused on showcasing the investment
opportunities in French Africa to German investors saw the need to reassure
potential investors that Africa had very good laws, institutions and facilities
to resolve disputes should they arise.

Amongst other things, Julius said that the OHADA treaty
(comprising of 17 countries) was in many ways remarkable in promoting
arbitration as a method of settling disputes. The neutrality of the arbitration
procedure enshrined in the treaty should be an attraction to foreign investors
to the region.

The option of working languages (English, French, Spanish
and Portuguese) is another factor of attraction. The common procedural law
applicable to arbitral proceedings and the simplified way of enforcement (exequatur) should be considered another strength of the OHADA system. Furthermore, the seat of arbitration can be the place of performance of the
contract.

The OHADA region, comprising of 17 Countries and
a population of over 225 Million people, makes it a popular destination for
foreign investors. The OHADA system is well equipped to deal with disputes fairly should they arise.

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